Where concerns about restrictions on freedom of speech are most legitimate are in the content of laws which are necessary to support a closure of the soft money loophole. To be effective, the government cannot simply restrict the amount of soft money which can be donated; it also must ensure that organizations do not turn around and "execute" soft money spending on their own. The McCain-Feingold bill would solve this problem by banning the private purchase of radio or television commercials if those spots specifically endorse a candidate by name in the two months before a general election.

This, the ACLU states, constitutes an explicit restriction placed on speech. Here, finally, is an argument that makes sense: it is not the government's place to curtail independent political advocacy. Unfortunately, a better way to solve the problem of soft money has yet to present itself, and the power of those funds is too damaging to our political system to ignore. Chilling effects on the free expenditure of money or no, the McCain-Feingold must be passed. Let the free speech advocates battle those specific provisions out in the courts: in the meantime, the bill can serve to stem the flow of soft money until a better solution (and one that does not interfere with individual advocacy) can be drawn up.

Alixandra E. Smith '02 is a government concentrator in Kirkland House. Her column appears on alternate Mondays.